of service which do not interest the Government generally. These arrangements, however, must be in conformity with the convention and the regulations annexed thereto so far as concernes the interference which their execution might produce with the services of other countries. Senator DILL. Well, now, Mr. Secretary, some representatives of the Federal Radio Commission went to Canada last winter to try to draw up an agreement with Canada. Assistant Secretary CASTLE. Yes. Senator DILL. In event that agreement is satisfactory to both parties, does it then become a binding agreement to be considered in force by the respective Governments? Assistant Secretary CASTLE. It becomes a binding agreement, certainly. Can it be denounced, Mr. Vallance? Assistant Solicitor VALLANCE. It could be denounced if unsatisfactory to either party. Senator DILL. It can be agreed upon simply by the State Department and a similar department of Canada. Assistant Secretary CASTLE. Yes. Senator DILL. And does not need to be referred to any governmental department? Assistant Secretary CASTLE. It does not under this convention. Senator DILL. When you say simply that the Governments may do it, how does that preclude or make unnecessary the submission of such an agreement to the Senate, which is, I take it, in effect a treaty? Assistant Secretary CASTLE. It is hardly a treaty, Senator. It is an agreement as to service under the terms of a general treaty. The CHAIRMAN. In other words, as I understand it, it is just carrying out the treaty, is a part of the method provided for carrying out the treaty. Assistant Secretary CASTLE. That is all. Senator DILL. But the treaty does not divide up these wave lengths as between Canada and the United States or as between the United States and Mexico. Assistant Secretary CASTLE. No, it merely states what wave lengths shall be used for certain specific purposes, fixed and mobile services, broadcasting, and so forth; that there are a certain number of wave lengths available for these purposes, and if the United States and Canada can come to an amicable agreement as to the use of those particular channels, it does not seem necessary to go back to the Senate for ratification of that particular agreement. Senator DILL. The reason why I was concerned about this: I recognized that the treaty is quite large and I may have overlooked some of its provisions, but I have not seen any provision that I understood would permit our Government to make an agreement that would not be submitted to the Senate, any more than any other agreement. That is the reason why I am particularly interested to know about this matter. I take it from your interpretation that when it says "the Government" it simply means a department of the Government may make agreements that will be binding even though they are not submitted to the Senate. Assistant Secretary CASTLE. Yes. The CHAIRMAN. In addition to that I assume that if Congress, by resolution or otherwise, desired such an agreement to be canceled, it might order it canceled. Assistant Secretary CASTLE. Yes. Senator DILL. It might become a very important matter as to how many wave lengths the State Department might agree that Canada could have, and how many Canada would agree that the United States could have. Assistant Secretary CASTLE. Of course, the State Department would not do anything of that kind except upon the advice by the proper source of what the United States needed. Senator DILL. Upon the authority of the Federal Radio Commission, for instance, I take it. Assistant Secretary CASTLE. Yes. I might add that the commissioners who went to Canada as representing this Government were two people from the Federal Radio Commission, and Mr. Terrell, the head of the radio division of the Department of Commerce. Senator PITTMAN. As I understand, you take this view of it, that a treaty is a statute. Congress has granted to the Federal Radio Commission the same authority, through this treaty, I mean, with regard to foreign countries that it has granted with regard to domestic concerns; is that true? Assistant Secretary CASTLE. I should say so. Senator PITTMAN. That was the object of the treaty, I take it. Assistant Secretary CASTLE. Yes, sir. Senator PITTMAN. Consequently, whatever authority they have with regard to domestic corporations or individuals in the United States, they have the same administrative authority with regard to foreign countries. Assistant Secretary CASTLE. Purely administrative; it is purely as to service matters, is not that so, Mr. Vallance? Assistant Solicitor VALLANCE. I might just explain that the Federal Radio Commission agrees not to assign certain wave lengths in the United States because they will conflict with similar assignments in Canada. There are certain wave lengths that are to be jointly used, for mobile service and various other services, and then there are certain wave lengths that can be used only in one country efficiently when not used in another country. So there comes up the question of dividing these exclusive waves, which are a very narrow field but a very important field, between the two countries; and there must be some executive agreement as to the use of those wave lengths, or else they will be made useless through interference in both countries. We have a table here that was worked out at the Canadian conference, if you would like to have it put in the record, showing the assignment of the frequencies. And we have a copy of the Canadian agreement. Assistant Secretary CASTLE. On that diagram, as I understand, you wish to add some more colors. The CHAIRMAN. We can not put colors in our committee print. Senator DILL. Is there not some way to transfer the colors into numbers or put the name of the service alongside, so it may be understood in our print? Assistant Secretary CASTLE. That is all in the agreement. This is merely a chart to help understand the agreement. Senator DILL. But colors will not show in the committee print. Assistant Secretary CASTLE. Perhaps that can be worked out. Senator DILL. When Commander Craven was before us he had similar charts, but at our request he said he would change them into simple black and white charts so they would be understandable when printed in our hearings. Assistant Solicitor VALLANCE. We have been trying to get these printed for the State Department, and I have been told that it can be done in colors for us. Senator DILL. Well, if it can be done for the State Department I do not see why it can not be done for us, but I had understood that our committee prints could not be furnished in colors. The CHAIRMAN. I should think that the State Department could do the same thing that the Navy Department and the War Department say they can do. (See p. 344.) Assistant Secretary CASTLE. All right, we will have that done. (A statement containing information concerning the agreement and the text of the agreement reached between the representatives of the United States and Canada at a conference held at Ottawa beginning January 21, 1929, are here made a part of the record, as follows:) DEPARTMENT OF STATE, The Secretary of State announced that the arrangement reached by the representatives of the United States and of Canada at the conference held at Ottawa beginning January 21, 1929, to discuss the allocation of short-wave radio channels on the North American Continent has been approved and the Canadian Government has been so notified. The provisions of the arrangement take effect on March 1, 1929, and have been approved by the Canadian Government. The general allocation of two-tenths per cent channels to services is as follows: In connection with the general communication channels, the governments agree not to assign to stations within their respective jurisdiction any of such channels that may be allocated to other governments unless it can be accomplished without interference. However, each government has the right to assign any general communication channel to any radio station within its jurisdiction upon the sole condition that no interference with any service of another country will result therefrom. The allocation of the 228 general communication channels to various nations is as follows: In connection with the channels which are shared, it was agreed that this could be accomplished without interference and hence would be equivalent to an exclusive channel provided that the nations sharing them were separated geographically by a sufficient distance. Accordingly the apparent number of available two-tenths per cent channels has been increased from 639 to 704. In a letter dated January 28, 1929, Mr. Alex Johnston, the chairman of the Canadian delegation, acknowledged the receipt of advice that 37 of the 190 common channels reserved under the proposed arrangement for aircraft, marine, and mobile services were already being used by stations in the United States operating in these services and stated that in making assignments to Canadian services operating in these bands the requirements of the United States would be very carefully kept in mind and that every precaution would be taken to see that those existing stations were not interfered with in so far as Canadian services were concerned. Mr. Johnston added that although the Canadian Government had not made its permanent assignments in these mobile bands it would communicate with the licensing authority in the United States when such permanent assignments were under consideration and would request that similar precautions be taken in regard to the issuance of licenses with a view to avoiding interference with Canadian stations. The following representatives participated in the Ottawa conference: Canadian delegation: Mr. A. Johnston (chairman), Mr. L. Beaudry, Mr. C. P. Edwards, Maj. W. A. Steel, Mr. W. A. Rush, and Mr. J. W. Bain. United States delegation: Judge E. O. Sykes (chairman), Mr. O. H. Caldwell, Mr. W. D. Terrell, Mr. F. L. Mayer, Dr. J. H. Dellinger, and Commander T. A. M. Craven. Newfoundland: Mr. H. W. Le Messurier. Cuba: Mr. L. Bethart, and Mr. Gabriel de la Campe. AN ARRANGEMENT BETWEEN THE UNITED STATES, CANADA, CUBA, AND OTHER NORTH AMERICAN NATIONS RELATIVE TO THE ASSIGNMENT OF FREQUENCIES ON THE NORTH AMERICAN CONTINENT (1) The sovereign right of all nations to the use of every radio channel is recognized. Nevertheless, until technical development progresses to the stage where radio interference can be eliminated, it is agreed that special administrative arrangements are essential in order to promote standardization and to minimize radio interference. (2) The Governments agree that each country shall be free to assign any frequency to any radio station within its jurisdiction upon the sole condition that no interference with any service of another country will result therefrom. (3) It is agreed that each Government shall use Appendix 1, attached hereto, as a general guide in allocating channels to the various services specified therein. (4) Channels are divided into two classes; (1) Common channels which are primarily assigned to particular services in all countries, and (2) general communication channels which are assigned for use in specific areas. (5) With regard to the general communication channels, it is considered that at the present stage of the art, the use of radio channels below 3,500 kilocycles will not normally cause interference at distances greater than 1,000 miles and such channels may, therefore, be used with freedom from interference by stations separated by such distances. It is further recognized that stations operating on frequencies above 3,500 kilocycles may become sources of interference at distances in excess of 1,000 miles, particularly at night. (6) The Governments agree to take advantage of the physical facts just explained, and, by suitable geographical distribution of these two classes of channels throughout North America and the West Indies, to make available for general communication services, the total number of channels set forth in appendix 2 attached hereto. (7) Each government shall have the right to assign to stations under its jurisdiction, in the manner it deems best, such general communication channels as are allocated to that government under this agreement, as set forth in Appendix No. 2. The governments agree not to assign to stations within their respective jurisdiction any of the general communication channels allocated to other governments, unless it can be accomplished without causing interference. (8) The marine calling frequency of 5,525 kilocycles shall be used until superseded by an international assignment. (9) In addition to the frequencies assigned specially for experiments (1,604, 2,398 and 4,596 kilocycles) the governments agree that experimentation by particularly qualified experimenters, may be authorized on any other channel provided no interference is caused with established services, as provided in regulation No. 11 of the International Radio Convention of Washington, 1927. (10) The governments agree to adopt a radio frequency standard based on the unit of time and to compare at least once every six months the actual radio frequency measuring standards. (11) The governments agree to require all stations, other than mobile and amateur stations, under their jurisdiction, to tune their transmitters with an accuracy of 0.025 per cent, or better, of their national frequency standard. 343 (12) The governments agree to require all stations, likely to cause international interference, other than mobile and amateur stations, to maintain their frequency with an accuracy of 0.05 per cent, or better, at all times. (13) For the purpose of this agreement a channel shall be regarded as a band of frequencies the width of which varies with its position in the range of frequencies under consideration, but which progresses numerically from the lower to the higher frequencies, as shown in the following table: Frequency (kilocycles): 1,500 to 2,198. 2,200 to 3,313_ 3,316 to 4,400. 4,405 to 5,490. 5,495 to 6,000. Channel width (kilocycles) 46805 8. 10 15 (14) The Governments agree to adopt for the present in their national plan of allocation a separation of 0.2 per cent between radio frequency channels; and to permit stations under their respective jurisdiction to occupy the assigned frequency and the adjacent frequencies to the limit permitted by the frequency maintenance tolerances and necessitated by the type of emission the station may For commercial telephony a band width of 6 kilocycles be authorized to use. shall be permitted. For the persent, a 100-kilocycle band width shall be considered standard for television. (15) The Governments agree to require stations under their jurisdiction to use transmitters which are as free as practicable from all emissions (such as those due to harmonics, decrement, spacing waves, frequency modulation, key clicks, type of keying, mush, etc.) not essential to the type of communication carried on, and which would be detrimental to communication being carried on by stations in other countries. (16) Appendices Nos. 1 and 2, together with the chart showing graphically the distribution of the frequencies, which are attached hereto, shall constitute a part of this agreement. (17) This agreement shall go into effect on March 1, 1929, and shall remain in force until January 1, 1932, and thereafter for an indeterminate period and until one year from the day on which a denunciation thereof shall have been made by any one of the contracting parties. APPENDIX No. 1 Allocation of channels to services (arranged in order of kilocycles) Total. Maritime and air mobile services. General communication services 4. Number of channels 25 12 16 72 50 16 (32) 17 12 6 16 8 16 34 9 9 (18) 8 7 40 (80) 11 62 13 12 60 5 70 13 20 $ 639 (704) 1 The last channel in each group is assigned to the service indicated immediately abreast the group except as specially noted to the contrary. The channel 1,600 kilocycles is assigned to mobile services. 3 The channels 1,601, 2,398, and 4,795 kilocycles are assigned to experimental services. For details regarding general communication services, see Appendix II. Taking into account articles 5 and 6 of the agreement, this total is increased by 65, as shown in parentheses. |